2 Answers

Firstly make this point clear that it’s Writ Petition that you want to file in the Supreme Court of India not Special Writ Petition. Article 32 of the Constitution of India is one of the Fundamental Right guaranteed to the Citizens of India to enforce other Fundamental rights conferred by the constitution. This Article provides Remedies for enforcement of rights conferred by this Part. (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of (3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by

There are certain matters where the appeal will directly lie in the Supreme Court over a judgement in the High Court, like in the case of conviction and sentence of death confirmed. In cases whether the High Court gives a certificate that there is a substantial question of law involved, an appeal can be filed before the Supreme Court. Even if no such certificate is given by the High Court, one can file a Special Leave Petition (SLP) seeking leave of the Supreme Court of India for preferring a Civil Revision Appeal. The Supreme Court of India, under Art 139 of the Constitution of India may, if it is satisfied that there is substantial question of law involved in the case, grant the special leave and entertain the Civil Revision Appeal preferred. But, the SLP is not a regular provision for filing a routine appeal. It is a special jurisdiction which will be invoked by the Court under special circumstances. But,practically speaking, SLP is invoked as a matter of routine. There is a large n